Page 297

‘Just as tortious negligence is taking over from the other torts, so contributory negligence is trying to eclipse the complete defences [illegality and voluntary assumption of risk]’ (Tony Weir). This quote from Tony Weir could easily be an examination question. Your answer to both questions: the question posed in the pause for reflection box 'would this be a bad thing?' and the hypothetical exam question requires you to explore the strengths and weaknesses of each defence (look again at the table which outlines the key strengths and weakness of each defence in the answer to end of chapter questions for chapter 10) before coming to a conclusion as to whether contributory negligence should be used instead of illegality/voluntary assumption of risk.